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DIPANKAR DATTA, R. MAHADEVAN
Chaudhary Charan Singh Haryana Agricultural University – Appellant
Versus
Monika – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
THE APPEAL
1. The present appeal assails the judgment and order dated 6th December, 2023 passed by the Division Bench of the Punjab and Haryana High Court at Chandigarh1[High Court, hereafter] in LPA No. 562/2022 (O&M), affirming the decision of the Single Judge whereby the first respondent was directed to be considered and offered appointment in the first appellant-Chaudhary Charan Singh Haryana Agricultural University2[University, hereafter] on the post of Clerk.
THE QUESTION
2. The short question arising for decision in the appeal is, whether the Single Judge and then the Division Bench of the High Court were in error in treating the first respondent as qualified for consideration and consequent appointment.
RESUME OF FACTS
3. The relevant facts essential to decide the present appeal are as follows:
II. In 2009, the second respondent-State of Haryana3 [SoH, hereafter] vide Circular No. 43/5/2001-IGSI introduced an outsourcing policy relating to engagement of persons on contract basis through service providers4[Outsourcing Policy, hereafter
(1) Appointment – Mode of employment is not the primary concern – Primary concern is nature of work performed and whether work undertaken by candidate has any nexus with purported work to be undertak....
The court held that procedural strictness in recruitment must be balanced with fairness, allowing exceptions for valid experience certificates issued by authorized personnel even if not counter signe....
Point of Law : Appointment - Rules of the game, meaning thereby that the criteria for selection cannot be altered by the authorities concerned in the middle or after the process of selection has comm....
The court upheld that eligibility criteria for employment must be strictly adhered to, and ambiguity in advertisements should favor candidates only when clearly warranted.
The experience certificate for services rendered outside the state cannot be considered for appointment and awarding bonus marks in a different state.
The court affirmed the validity of the selection process for Assistant Professors and clarified that guest lecturer experience can't always be excluded for direct recruitment under regulatory guideli....
Point of Law : Central government had no authority to disagree with the recommendation of UGC.
Court does not sit in appeal over decision of Selection Committee.
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